Okla. Admin. Code § 612:10-13-22

Current through Vol. 42, No. 7, December 16, 2024

Section 612:10-13-22 - Grievance procedures

(a) Individuals who are dissatisfied with certification testing procedures or performance of a certified interpreter may file a written complaint with the designated Oklahoma interpreter certification program official, Department of Rehabilitation Services, within thirty (30) days of the grieved incident.

(b) The Department will accept jurisdiction only for those incidents directly related to the evaluation and certification of interpreters for the deaf in Oklahoma and those incidents involving the performance of State Certified Interpreters that allege a specific violation of interpreting standards or ethical behavior.

(c) A complaint must be in writing and must provide:

(1) The date of the incident;

(2) The names(s) of the person(s) involved;

(3) The location of the incident;

(4) A description of the specific action or actions in question; and

(5) The specific policy or procedure or theNAD-RID Code of Professional Conduct ethical tenet(s) and/or the ICRC Certification of Levels, and/or governing State or Federal law in possible violation.

(d) Upon receipt of a properly executed complaint, the Department will review the complaint and within thirty (30) days notify the parties that a complaint has been filed. The respondent will have thirty (30) days from the date they receive the grievance notification to respond in written form.

(e) Upon the receipt of a written response, the designated Oklahoma interpreter certification program official and Department will review the information presented and make an initial decision regarding the merit of the complaint based on facts presented. The designated Oklahoma interpreter certification program official has thirty (30) days from the submission of the grievance to provide a decision. All parties concerned will be notified of the decision in writing. If there has not been sufficient information provided, from either party, the Oklahoma Interpreter Certification program official can request more information, in writing, to make a determination.

(f) The Department can seek the assistance from a merit panel to determine if there is a direct violation against (c) 5.

(1) The function of the merit panel is to assist the Department in determining if there is founded merit to the claimed violation(s) set forth in (c) 5. The names of the parties will be anonymous when presented to the merit panel. The panel can recommend a course of action.

(2) Possible course of action(s) are set forth as defined in 612:10-13-23 in (1) through (8) of that subsection.

(g) If it is determined that no violation of rules related to evaluation and certification or violation of interpreting standards and ethical behavior has occurred, the involved parties will be notified, and the complaint will be dismissed. If the complaint is dismissed, the complainant or respondent may appeal and request a formal hearing. The appeal must be in written form and submitted within thirty (30) days of receiving the notification. The request for formal hearing must be in writing and addressed to the designated Oklahoma interpreter certification program official at the Department of Rehabilitation Services.

Okla. Admin. Code § 612:10-13-22

Added at 11 Ok Reg 2449, eff 7-1-94; Amended at 12 Ok Reg 1487, eff 7-1-95; Amended at 13 Ok Reg 2239, eff 8-1-96

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/2023